S T A T E O F N E W Y O R K
________________________________________________________________________
6262
2017-2018 Regular Sessions
I N A S S E M B L Y
March 1, 2017
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Introduced by M. of A. SKOUFIS -- read once and referred to the Commit-
tee on Consumer Affairs and Protection
AN ACT to amend the general business law and the executive law, in
relation to requiring certain non-licensed professionals to disclose
information regarding risks
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
391-u to read as follows:
§ 391-U. SELF-HELP PRACTITIONERS; REQUIREMENTS. 1. DEFINITIONS:
(A) "SELF-HELP PRACTITIONER" MEANS A NON-LICENSED PROFESSIONAL, HIS OR
HER AGENT OR EMPLOYEE, OR A NON-LICENSED COMPANY WHO IS OFFERING PAID
HELP TO A CLIENT THROUGH FINANCIAL, SPIRITUAL OR EDUCATIONAL GUIDANCE
FOR THE SAKE OF IMPROVING PERSONAL AWARENESS, IDENTIFYING AND DEVELOPING
PERSONAL TALENT AND POTENTIAL, ENHANCING THE QUALITY OF LIFE OF A PERSON
AND/OR CONTRIBUTING TO THE REALIZATION OF PERSONAL ASPIRATIONS.
(B) "LARGE PRINT FORMAT" SHALL MEAN A PRINTED FONT SIZE OF SIXTEEN
POINTS OR LARGER.
(C) "LICENSED PROFESSIONAL" MEANS A PROFESSIONAL WHO CAN DEAL WITH ANY
RISK ASSOCIATED WITH EXERCISES RELATED TO A SELF-HELP SERVICE OR
SESSION.
2. EVERY SELF-HELP PRACTITIONER THAT OFFERS SERVICES TO CLIENTS SHALL:
(A) AT THE TIME OF EACH INITIAL CONTRACT FOR SERVICES, PROVIDE THE
CLIENT WITH A COPY OF THE CONTRACT IN WHICH A DISCLOSURE OF RISK IS
DISPLAYED IN LARGE PRINT FORMAT. SUCH DISCLOSURE OF RISK SHALL CLEARLY
EXPLAIN, IN PLAIN LANGUAGE, THAT WHAT THE RISKS ARE IN CONTRACTING WITH
SUCH SELF-HELP PRACTITIONER; AND
(B) PRODUCE A COMPREHENSIVE RISK MANAGEMENT PLAN TO ENSURE THAT STEPS
WILL BE TAKEN AT EACH SERVICE OR SESSION TO PROVIDE PROTECTION FOR
CLIENTS IN THE EVENT THAT THERE IS A POTENTIAL RISK OF PHYSICAL OR
EMOTIONAL HARM. EVERY SELF-HELP PRACTITIONER SHALL BE RESPONSIBLE FOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10033-01-7
A. 6262 2
ENSURING THAT LICENSED PROFESSIONALS, INCLUDING BUT NOT LIMITED TO,
MEDICAL PROFESSIONALS, SOCIAL WORKERS AND PSYCHOLOGISTS, ARE MADE AVAIL-
ABLE TO CLIENTS AT EACH SESSION OR SERVICE WHEN THERE IS A POSSIBILITY
OF PHYSICAL OR EMOTIONAL RISK.
3. A VIOLATION BY ANY SELF-HELP PRACTITIONER OF SUBDIVISION TWO OF
THIS SECTION, IF SUCH VIOLATION CONSTITUTES THE FIRST SUCH OFFENSE BY
SUCH SELF-HELP PRACTITIONER, IS PUNISHABLE BY A CIVIL PENALTY NOT TO
EXCEED TWO HUNDRED FIFTY DOLLARS. A SECOND OFFENSE AND ANY OFFENSE
COMMITTED THEREAFTER IS PUNISHABLE BY A CIVIL PENALTY NOT TO EXCEED FIVE
HUNDRED DOLLARS.
§ 2. The executive law is amended by adding a new section 109-a to
read as follows:
§ 109-A. REGISTRATION OF SELF-HELP PRACTITIONERS. 1. FOR PURPOSES OF
THIS SECTION, "SELF-HELP PRACTITIONER" SHALL MEAN A NON-LICENSED PROFES-
SIONAL, HIS OR HER AGENT OR EMPLOYEE, OR A NON-LICENSED COMPANY WHO IS
OFFERING PAID HELP TO A CLIENT THROUGH FINANCIAL, SPIRITUAL OR EDUCA-
TIONAL GUIDANCE FOR THE SAKE OF IMPROVING PERSONAL AWARENESS, IDENTIFY-
ING AND DEVELOPING PERSONAL TALENT AND POTENTIAL, ENHANCING THE QUALITY
OF LIFE OF A PERSON AND/OR CONTRIBUTING TO THE REALIZATION OF PERSONAL
ASPIRATIONS.
2. THE SECRETARY OF STATE SHALL PROMULGATE RULES AND REGULATIONS
PRESCRIBING A REGISTRATION FORM TO BE USED BY ANY SELF-HELP PRACTITIONER
WHO PROVIDES SELF-HELP SERVICES TO CLIENTS.
3. SUCH REGISTRATION FORM SHALL IDENTIFY:
(A) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE SELF-HELP PRACTI-
TIONER; AND
(B) A BRIEF DESCRIPTION OF THE NATURE OF THE SELF-HELP SERVICES
PROVIDED TO EACH IDENTIFIED CLIENT.
4. SUCH REGISTRATION SHALL BE FILED WITH THE DEPARTMENT OF STATE AND
SHALL COVER A TWELVE MONTH REPORTING PERIOD.
5. THE SECRETARY OF STATE SHALL POST THE COMPLETED FORMS ON THE
DEPARTMENT OF STATE'S WEBSITE WITHIN THIRTY DAYS OF THE CLOSE OF EACH
REPORTING PERIOD.
6. THE DEPARTMENT OF STATE MAY IMPOSE A CIVIL PENALTY OF UP TO SEVEN
HUNDRED FIFTY DOLLARS UPON ANY SELF-HELP PRACTITIONER WHO FAILS TO FILE
A REGISTRATION REQUIRED BY THIS SECTION PROVIDED, HOWEVER, THAT THE
SECRETARY OF STATE SHALL PROVIDE SUCH SELF-HELP PRACTITIONER A REASON-
ABLE OPPORTUNITY TO CURE SUCH A FAILURE.
7. THE DEPARTMENT OF STATE SHALL ADOPT, AMEND AND RESCIND RULES AND
REGULATIONS DEFINING THE DEGREE AND EXTENT OF SELF-HELP SERVICES NECES-
SARY TO REQUIRE THE REPORTING PURSUANT TO THIS SECTION.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.